Hi Thank you for your question and welcome. My name is ***** ***** I will assist you. Do you actually have a signed contract with them?
Does the contract actually contain any restrictions?
What exactly have you done to garner this response from them?
Yes I signed the contract in 2011
What restrictions did the contract contain? Are they still in force?
Copy of the contract attached
Can you confirm if all 5 files went through?
Here is also an email from them.
For a long time we have had suspicions of you taking away Detox-Fit™ clients to train them privately.
As you know this is a very serious breach of your contract which entitles us to take direct legal action against you. Likewise, you will also be held liable and financially responsible for the calculated economic damages caused to our organization.
Purely for your information note that we run a professional business with over 40 mobile personal trainers. One of the main sides of our business, as you know, is to give work to our trainers, in the form of (top quality and committed) regular Detox-Fit™ clients. Unlike other companies we don’t charge our trainers for this. We just give them work. However, as you can imagine, getting new clients doesn’t come as free, as it costs us, only this year between £40-50K. Also add to this our hard work in signing up these clients on a regular basis, which is priceless.
We took you on board as a recommendation of our common friend and so, on a personal side note I also feel betrayed, insulted, offended and seriously patronized by your actions.
After following a careful procedure of investigations we have managed to confirm and get solid evidence on a specific number of Detox-Fit™ clients who you have been, and currently still are, privately training.
For the sake of personal privacy purposes we will not be disclosing the names of all these customers on this letter. However, do note that both ourselves and our solicitor currently have the full verified and corroborated list, which includes detailed information, witnesses and other essentials.
We will, however, even if only with the purpose of encouraging you to take this matter with the seriousness that it deserves, disclose one specific client here. This client is Rossana Hyacinth, which was one of Evany’s, Detox-Fit™ Manager, clients. The fact that you took her away as one of your private clients only adds further to the insult, which we won’t overlook.
Our solicitor has been accordingly updated on this issue and is ready to advance legal proceedings as soon as we instruct so. Before going ahead on the legal route, in the interest of you potentially wanting to sort things in a straightforward manner, we can propose the following settlement:
Payment of £4,800 for our previous client Rossana Hyacinth as a compensation for training her privately for the past 10 months on an approximate regular basis of 3 times a week.
This figure doesn’t include any other clients, neither other fees.
In order to help to settle this payment this can be done in 3 instalments of £1,600, paid in the following schedule:
- First instalment due within 7 days from receipt of this letter. No later than 30th of October 2014.
- Second instalment to be settled no later than 30th of November 2014.
- Third and final instalment to be settled no later than 30th of December 2014.
Please advise if you wish to accept this settlement.
Shall we not hear from you by tomorrow, Friday 24th of October 2014 by 12pm we will proceed with legal action against you, which may considerably exceed the proposed settlement figure.
At present, please note that we have been instructed by our solicitor to advise you to immediately stop training any of your previous Detox-Fit ™ clients, as this may result in an increase of the final settlement amount.
Hi, Thank you. I will review this, It may take me a while so please do not be concerned if you do not hear from me right away.
Thank you AJ
Also I believe the issue was raised soon after a conversation with my current client and her colleague who passed the information over to them.
There is no strong evidence and no trace of payment
I believe this conversation in between them is the only evidence because I don't train at that moment with no other clients that comes from them.
Also at the same time of emailing to me he texted to me..I recommend to check your email now...and good luck which sounds very bully to me.
Hi, Many thanks, My apologies but my internet connection is currently down so I am having to work from my tablet. I have all the information you provided, and I am reviewing it now. I will type my answer offline and post when I can connect my computer to the wifi at some point tomorrow. Again my apologies, in any event they wont be able to take any "action" without giving you 7 days notice so there is a little bit of time to respond. Kind regards AJ
Thank you Alex
Hi, My apologies, I have had troubles connecting to the internet all weekend. I am back online now.
I have the following comments:
1. They cannot just claim an arbitrary sum of money without proving how they have come to that figure;
2. I am not sure what the alleged breach is here - technically what they are saying is you were under contract training their clients and them separate training them outside the gym? Is this true?
Does your contract say anything like you a restricted from training clients privately? Had you terminated your contract?
What I suggest you do is write back for the time being and say you are the process of obtaining professional advice given the nature of the alleged breaches in the letter and will endeavour to respond to them within 7 days.
In the mean time can you send me the relevant clauses from your contract?
COntrack in pdf file attached
Let me know if received
Hi, my apologies, it is not received. Could you send it to***@******.*** for my attention.
I would note - the letter has been sent to you "Without Prejudice" - which is odd because they are making allegations that you have breached a contract. Saying it is without prejudice means they wont be able to use this letter in a court claim. Which means they are far off from actually suing you.
Have you at any point served notice to terminated the contract? Kind regards AJ
Yes I have emailed them about the termination the contract
Hi, Thank you. When did you send the notice? And when did you start training this client in private? I will switch to Q and A mode now, please do not be concerned, I am still here, but it wont be in real time.
I sent the notice yesterday.
I started training her by the end of March this year
Thanks. So when you initially started training her, did you pay Detox a fee?
I started training her in January and we trainers being hired and get paid a commission.
on monthly bases
Hi, Thank you. When did she start paying you directly was that in March?
Sorry but how all these questions are related to the matter?
They have no evidence, the judgement is based on messages conversation between my client and her colleague who I believe is a "snitch"
No of course not
Sorry Alex but my question to this matter was how do I deal with it?
How shall I response to the email received from them?
Hi, Thank you. What I suggest you do is write to them and say the following: 1. Deny any liability; 2. Say you have taken advice and believe that a two year blanket restriction on your rights to trade will be unenforceable as two years is not commercially necessary to achieve legitimate commercial interests of protecting their business - a court therefore would be unlikely to enforce this restriction (to give you an idea I would say 3-6 Months at most would be enforceable); 3. Say that the sum of money they are claiming bares no resemblances to any losses they have alleged to suffer. I am afraid however, you will probably have to pay them what you would have paid them had you trained this person under the contract. Can you give me an idea of this figure? If they sue you, I would recommend offering what you would have paid under the contract, to settle the matter. Kind regards AJ